Rejection of the registration in Italy of the birth certificate of a child – conceived through recourse to heterologous medically assisted reproduction and born in Italy - naming the intended parent as the child's parent - The legislator has restricted access to heterologous medically assisted reproduction to situations of pathological infertility, which does not include same-sex couples
Adoption of a child by same-sex couples - Assessment of withdrawal of consent to adoption by the biological parent - Assessment of the child's best interests
Adoption in ‘special cases’ is the legal instrument for the intended parent in same-sex couples
Recognition of judgment delivered by foreign judge regarding intended mother’s full adoption of a child, biological son of one of the two partners of a female same-sex couple married abroad – Request for transcription of foreign birth certificate – Child born abroad by medically assisted reproduction
The prohibited sexual act is the act that infringes a person's freedom of self-determination in the sexual sphere - The criminal offence of sexual violence is now a crime against personal freedom - Kissing is a sexual act
Dissolution of civil partnership - Necessary prerequisites for entitlement to an allowance
Protection of women against all forms of violence – Family abuse - Repeated behaviour aimed at physically or psychologically damaging the dignity and identity of the offended person by restricting her self-determination
Sexual violence criminal offence -The Court considers sexual violence also when sexual intercourse is consummated even if only by taking advantage of the state of prostration, distress or diminished resistance in which the victim is reduced
Restraining order applicable when cohabitation between the defendant and the victim is no longer in place - Attempt to violently restore cohabitation may constitute grounds for imposing a restraining order
Protection of victims of domestic and gender-based violence - Suspended sentence granted to the defendant on account of his participation in specific rehabilitation programmes at qualified institutions or associations
The utterance of improper and offensive sentences aloud, in the presence of several users, towards a colleague - Sexually offensive sentences towards a colleague and just cause for dismissal
Illicit removal of a child habitually resident in Argentina, relocated by the taking parent to Paraguay without the father's consent - Violation of the duty of due diligence for failing to locate for nine years a child regularly attending school and receiving public health care - Violation of the right to personal integrity for putting the applicant in a permanent state of anguish - Violation of the obligation to respect the rights and freedoms without any discrimination
Dissenting / Concurring: Pérez Manrique, Ferrer Mac-Gregor Poisot, Mudrovitsch / Sierra Porto, Hernándz López, Pérez Goldberg
Pregnant adolescent encouraged to give her unborn child up for adoption by health professionals on the basis of gendered stereotypes concerning her unsuitability to find a partner to form a family should the child be kept by her – Authorization to adopt the baby signed by the mother without any assisting lawyer in a document directed to the Provincial Direction for the Promotion of the Rights of the Child, Adolescent and the Family – Violation of the rights to equality, family life, judicial guarantees, judicial protection, physical integrity, live free from violence, and the rights of the child
Systematic persecution of the Colombian State against members of the José Alvear Restrepo Lawyers Collective Corporation through harassment, threats, killings, disappearances and physical violence from the 1990s amounts to a violation of the rights to life, personal integrity, privacy, judicial protection, freedom of association, free movement, family protection, children’s rights and defending human rights - Gendered and sexual threats against women human rights defenders particularly targeted because of their gender, including reference to possible sexual violence against them or their daughters
Dissenting / Concurring: Hernández López / Mudrovitsch / Pérez Goldberg
Provisional measures - Context of systemic violations of human rights including aggressions, harassment, threats and arbitrary detentions of journalists - Violence and exposure to risk of irreparable damage for women exacerbated by gender stereotypes and prejudices
Store manager's request to a homosexual couple to stop 'amorous scenes' and attempt to remove them forcibly - Use of homophobic stereotypes in domestic rulings including that homosexuality is a pathology and that queer expressions of affection are always erotic – Domestic court’s justification of the ejection of the couple based on 'respect for morality' and 'the best interest of the child' in the light of a purported scientific consensus on the consequences of the exposure of children to homosexual behaviour – Violation of the right to personal liberty, privacy and equality before the law – Violation of the right to access to justice and the right to an effective remedy with the authorities having imposed on the applicant an unreasonably high and disproportionate standard of proof
Article 8 (Positive obligations/Privacy) - Legal impossibility for a transgender parent to indicate their current gender, unrelated to their reproductive function, on the birth certificate of their child conceived after gender reassignment - Fair balance struck between the transgender parent's right to self-determination, the public interests of legal certainty and reliability and consistency of civil status, and the interests and well-being of the child
The applicants alleged in particular that, following amendments to the legislative framework in 2020, they have effectively been banned from having access to legal abortion in the case of foetal abnormalities - inadmissible
General legal prohibition on posthumous assisted reproduction within the national territory and on export of gametes and embryos for that purpose to Spain, where the practice is permitted - No violation
Dissenting / Concurring: Georges Ravarani
Article 14 taken in conjunction with Article 3 - The alleged lack of an appropriate procedural response by the domestic authorities in connection with acts of homophobic violence against the applicant, who is a prominent figure in the local LGBTI community -